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Old "disturbing the peace" versus new - would like verbiage

BB62

Accomplished Advocate
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We've got a city in Ohio where a Wisconsin case was cited (Gonzalez v Village of West Milwaukee), within the Ohio case. In the Ohio case (Butcher v City of Cuyahoga Falls) is mention of Wisconsin's "disorderly conduct" law, and a conclusion that basically "panic at the sight of an open carrier equals grounds for a Terry stop".

My understanding is that the law has been revised, but I am interested in examining the old AND new wording of WI disorderly conduct law for comparison purposes. Any other comments, information would be appreciated also.

If you can provide the text and/or a link, I would be appreciative.
As you can imagine, municipalities like to use threats or actual charges of disorderly conduct, inducing panic, or menacing (under Ohio's revised codes) against OCers.

Thanks for your input, and if you would like to comment on the Ohio matter, here is a link to where the WI case is mentioned:
http://forum.opencarry.org/forums/showthread.php?101376-Vandalia-LEO-Encounter/page4
 

Interceptor_Knight

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Green Bay, Wisconsin, USA
I posted the cite in the thread you linked. Essentially Sub (1) is the "old" Statute and Sub (2) as added in order to explicitly state that Open or Concealed Carry is not DC in the absence of other conduct which is of a disorderly nature.
 

BB62

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Thanks for the memo, and the links/explanation of the old and new law.

IMHO your disorderly conduct law is unconstitutional, except for the open carry part. If something LEGAL I'm doing disturbs others, I can be cited and found guilty of D.C.? Unreal!!

And I thought it was bad in Ohio! :eek:
 

BB62

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I'm posting this here for my and others reference:

947.01  Disorderly conduct.
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.


As you said on the Vandalia (Ohio) thread, section 2 was added with Act 35 - WI's concealed carry law.

Thanks again.
 

MKEgal

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in front of my computer, WI
BB62 said:
IMHO your disorderly conduct law is unconstitutional, except for the open carry part. If something LEGAL I'm doing disturbs others, I can be cited and found guilty of D.C.?
It sort of reads that way because of the "otherwise disorderly conduct" line, but (except in the hands of corrupt police) it's not quite that bad, esp. now that part 2 (about carrying a SD tool) was added.
947.01 Disorderly conduct.
(1) Whoever, in a public or private place, engages in:
  • violent,
    abusive,
    indecent,
    profane,
    boisterous,
    unreasonably loud
    or otherwise disorderly conduct
under circumstances in which the conduct tends to cause or provoke a disturbance
is guilty of a Class B misdemeanor.
So pick one from the list,
do it under the wrong circumstances,
and yes, you could be charged with a crime.
 
H

Herr Heckler Koch

Guest
I'm posting this here for my and others reference:

947.01  Disorderly conduct.
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.


As you said on the Vandalia (Ohio) thread, section 2 was added with Act 35 - WI's concealed carry law.

Thanks again.
Disorderly conduct ante was often enhanced for mere possession of a weapon.

§ 939.63 Penalties; use of a dangerous weapon.

(1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

[ ... ]

(2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

(3) This section applies only to crimes specified under chs.939 to 951 and 961.
 

BB62

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One can assume multiple reasons for WHY Wisconsin's disorderly conduct law was changed to specifically address OC, but I don't want to assume. (I can give more background privately)

By chance, can anyone provide a link to the stated reasons for the change - other than "concealed carry is going to be legal?
 

paul@paul-fisher.com

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Chandler, AZ
One can assume multiple reasons for WHY Wisconsin's disorderly conduct law was changed to specifically address OC, but I don't want to assume. (I can give more background privately)

By chance, can anyone provide a link to the stated reasons for the change - other than "concealed carry is going to be legal?

Brad Krause being arrested planting a tree in his front yard, Jesus Gonzalez being hassled (ticketed) for carrying openly in Menards and one other place and then Madison issuing DC tickets to 5 folks at Culvers calmly eating their Butterburgers (actually, I thin I had a Reuben).

I think the tidal wave of dumbness finally hit and they (the legislature) fixed it.

As for links, https://www.google.com/webhp?source...av=on.2,or.r_gc.r_pw.,cf.osb&biw=1440&bih=799 is a Google search that has a lot of the info about Culvers.
 

BB62

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Joined
Aug 17, 2006
Messages
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Location
Cincinnati, Ohio, USA
Brad Krause being arrested planting a tree in his front yard, Jesus Gonzalez being hassled (ticketed) for carrying openly in Menards and one other place and then Madison issuing DC tickets to 5 folks at Culvers calmly eating their Butterburgers (actually, I think I had a Reuben).

I think the tidal wave of dumbness finally hit and they (the legislature) fixed it.

As for links, https://www.google.com/webhp?source...av=on.2,or.r_gc.r_pw.,cf.osb&biw=1440&bih=799 is a Google search that has a lot of the info about Culvers.
VERY interesting. Thanks!
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
Brad Krause being arrested planting a tree in his front yard, Jesus Gonzalez being hassled (ticketed) for carrying openly in Menards and one other place and then Madison issuing DC tickets to 5 folks at Culvers calmly eating their Butterburgers (actually, I think I had a Reuben).

I think the tidal wave of dumbness finally hit and they (the legislature) fixed it.

As for links, https://www.google.com/webhp?source...av=on.2,or.r_gc.r_pw.,cf.osb&biw=1440&bih=799 is a Google search that has a lot of the info about Culvers.

Don't forget Frank on his front porch...arrested for not talking to the police while open carrying.....
 
H

Herr Heckler Koch

Guest
By chance, can anyone provide a link to the stated reasons for the change - other than "concealed carry is going to be legal?

http://www.lawmoose.com/index.cfm?Action=Library.&Topic=WI160
Wisconsin Legislative Drafting Records (University of Wisconsin Law Library)

"Written materials, letters, and memoranda given to or created by the legislative drafting attorney in the process of drafting a bill, resolution, or subsequent amendments. Although these records are not designed to document legislative intent, they may provide some insight into the meaning of statutory language."

http://library.law.wisc.edu/~draftingrecords/
The page you requested is no longer here [error 404]

As best as I can tell, drafting records are manuscript and not on line.
 
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